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trademark

Taylor Tries To Trademark Tracks

Taylor Alison Swift, world renowned country music and pop sensation, is no stranger to the world of intellectual property. In recent years she has been sued for Trademark Infringement of Her Brand Lucky 13, she has created, and obtained, copyrights in chart topping albums, and pulled her music off media streaming giant Spotify. Taylor is at it again. She has recently filed for trademark rights of her works “This Sick Beat”, “Party Like It’s 1989”, amongst others. Taylor has not been granted any of these trademarks, as of yet, by the United States Patent and Trademark Office.

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Oscar Statues and Copyright Infringement

Originally posted 2013-03-07 17:10:31. By Tasha Schmidt | amdlawgroup.com If you were thinking about having an Oscar themed party and furnishing it with replicas of the iconic gold Oscar statues, you should probably think twice. The Academy of the Motion Picture Arts and Science has a reputation for defending their copyrights and trademarks. And this […]

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Coke’s “Zero” victory in the U.S. Patent and Trademark Office

A three-judge panel on the U.S. Patent and Trademark Office Trial and Appeal Board (“TTAB”) granted Coca-Cola rights to trademark the term “Zero” for its soft drink products. This decision was a major victory for the company. Since 2003, Coca-Cola has been trying to win exclusive rights to the no-calorie beverage brand name-and they finally hav

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The Basics of the USPTO Supplemental Register

Business starts with a brand and that brand should be protected.  Trademark registration is one of the modes of brand protection.   If you have gone through the trademarking process you might soon become familiar with the supplemental register.  The goal is to get onto the principal register and NOT the supplemental register.  If you can make it to the supplemental register that is good and is your pathway to the “big league”, the principal register. 

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Licensing for Small Businesses

An important aspect of intellectual property rights is the ability to create licensing agreements. However, an effective licensing agreement requires a few key factors.

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Getting a Trademark for a “Controversial” Name

Originally posted 2013-03-20 18:04:34. By Tasha Schmidt | amdlawgroup.com It is important to trademark your name, especially when it is your band’s name, and this is exactly what this Asian rock group is attempting to do. Except the rock group is trying to trademark the name, “The Slants.” The band tried to trademark the name […]

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The First Step To Globally Protect Your Trademark

Unlike most countries, the United States follows the first to use rule when protecting trademark rights. This rule states that the trademark rights belong to the first party who uses the trademark of a certain product or service in commerce. In the United States, federal registration of a mark is not mandatory but can save time, money and prevent future infringement problems. Most countries enforce the first to file rule, which protects the trademark rights of the first party to file an application and receive registration for a certain product/service.

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TRADEMARK INFRINGEMENT versus PUBLIC DOMAIN

By Eliana Rocchi | amdlawgroup.com
The expression “Public domain” is generally used with reference to the works that belong to everyone and are available for public use. The concept comes from copyright law. It identifies those creative works that are not protected by copyright and thus may be used freely by the public. In other words anyone can copy them or modify them or generally use them in any way they wish.

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Why the ALS Withdrew its Trademark Application

By Chloe Coska | amdlawgroup.com
Everyone is aware of the Ice Bucket Challenge these days. The meme has gone viral on the internet and throughout the world. From celebrities to the girl next door, everybody has been doing the challenge in order to raise awareness to fight amyotrophic lateral sclerosis, a disease affecting the brain and spinal cord. The campaign so far has raised $94 million in less than a month.

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Even Grumpy Cat Needs a Trademark

Originally posted 2013-03-15 15:36:38. By Tasha Schmidt | amdlawgroup.com Fans and people at the South by Southwest Conference have been lined up for hours to see the recent feline internet sensation, Grumpy Cat. Grumpy Cat’s real name is Tardar Sauce. However, her “cat celebrity name” if you will is Grumpy Cat, and this is exactly […]

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First Step to Federally Protecting Your Trademark

By Ann Marie Sallusti | amdlawgroup.com
Trademarks are not just a mark on a product. Trademarks make products identifiable to consumers and are essentially the product that is being sold. Trademarks “may” be federally registered with the United States Patent and Trademark Office (USPTO), but registration is not mandatory in the United States. Unlike most countries, the United States follows the first to use rule when protecting trademark rights. The first to use rule protects the trademark rights of the first party who uses the trademark of a certain product or service in commerce. Therefore, if a creator satisfies the requirement of using the trademark in commerce in the United States, the creator’s work will be protected. On the other hand, most other countries follow the first to file rule when protecting trademark rights, which protects the trademark rights of the first party to file an application and receive registration for a certain product or service.

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Trademark or Slur

The Redskins argue that they do not mean to offend anyone and that the name actually honors the Native Americans. If the trademark protection goes through, the Redskins can still not be stopped from using the name.

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